1 2025:CGHC:12556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2043 of 2025 Rajesh Sahani S/o Late Ramesh Kumar Sahani Aged About 20 Years R/o Ward No. 02, Near Santoshi Mandir Gariyaband, Police Station And District Gariyaband (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Gariyaband, District Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. Kripesh G. Kela, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 92/2024 registered at Police Station Gariyaband, District Gariyaband (C.G.) for the offence punishable under Sections 457, 394, 395, 397, 506, 411 and 34 of Indian Panel Code (for short ‘IPC’) and Section 25, 27 of Arms Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that Bhojram Gadiya filed an oral complaint at the Gariyaband Police Station on February 9, 2024, alleging therein that when he was sleeping at his home after dinner when someone knocked on the door around 11:50 p.m., claiming their bike had run out of petrol and their friend was ill and thirsty. When Gadiya opened the door, three individuals entered, looted his belongings at knife point, and fled. The stolen items included three mobile phones, a pair of golden earrings, three nose pins, six silver Bichhiya, two pairs of silver payal, and Rs.2,500. Based on this report, an FIR was lodged against unknown persons and during the course of investigation, present applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that nothing has been seized from the possession of applicant, only on the basis of mere suspicion present applicant has been implicated in the present case. He also submits that one of the identically situated co-accused, namely, Asad Khan has already been granted regular bail by this Court vide order dated 11.09.2024 in MCRC No.5053/2024, so far as other co- accused persons are concerned, co-accused persons, namely, Kanhaiya Pradhan, Nageshwar alias Nanu Sinha and Ajay Pal alias Ajju have already been granted bail by learned trial Court, copies of which are collectively annexed as Annexure A-6 to Annexure A-8. The applicant is in jail since 13.02.2024, the applicant has three criminal antecedents, out of which, in three case applicant has 3 already been acquitted by learned trial Court and one case is of Istagasha, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant alongwith other co-accused persons had entered into the house of complainant and looted his belongings at knife point, thereafter fled the scene, they had stolen items included three mobile phones, a pair of golden earrings, three nose pins, six silver Bichhiya, two pairs of silver payal, and Rs.2,500/- cash, further the applicant has three criminal antecedents,therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 13.02.2024, the fact that though the applicant alongwith other co-accused persons had entered into the house of complainant and looted his belongings at knife point, thereafter fled the scene, they had stolen items included three mobile phones, a pair of golden earrings, three nose pins, six silver Bichhiya, two pairs of silver payal, and Rs.2,500/- cash, but one of the co-accused, namely, Asad Khan has already been granted regular bail by this Court vide order dated 11.09.2024 in MCRC No.5053/2024 and the case of the present applicant is identical to that of the co-accused, so far as 4 the criminal antecedents of applicant are concerned, applicant has three criminal antecedents, out of which, in three case applicant has already been acquitted by learned trial Court and one case is of Istagasha and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Rajesh Sahani, involved in Crime No. 92/2024 registered at Police Station Gariyaband, District Gariyaband (C.G.) for the offence punishable under Sections 457, 394, 395, 397, 506, 411 and 34 of Indian Panel Code (for short ‘IPC’) and Section 25, 27 of Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court 5 shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil